英文摘要 |
This essay elaborates the meaning of automobile liability, examines the common practice of international community in this field, points out the feasibility and the necessity for China to adapt itself to such international practice, reveals the physical basis, social causes, and jurisprudential foundation of special automobile liability, the meaning of non-fault liability, and the role played by the contributory negligence system in the realization of justice. It also explores theoretical issues such as the position of automobile liability in the tort law and the ways to realize the principle of the tort law, as well as practical issues such as the constitutive elements of, and the Chinese legal provisions on, automobile responsibility. Based on the above discussion, the author puts forward suggestions on what the law of automobile liability aught to be and raises the relevant issues of legal construction. Moreover, the author emphasizes that the tort theory is a discipline which is highly theoretical and yet closed related to social life and the people's immediate interests. The tort theory can have a rapid development only when the problems brought about by traffic accidents and environmental pollution are seriously studied and resolved. |